On Tuesday, the ABA House of Delegates amended the Model Rules of Professional Conduct to add a provision barring harassment or discrimination in all conduct related to a lawyer’s practice of law. After months of debate, comment and revision, the revised Resolution 109 passed on a voice vote, without dissenting comment from the floor. The version adopted reflects an amendment introduced last month, which lowered the bar for a finding of misconduct from strict liability to a “knows or should know” standard.
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